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ARTICLE · 08 AUGUST 2013

ALJ Rules "Non-Asian" Group Not Protected Under Executive Order 11246

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A Department of Labor Administrative Law Judge ruled on August 5, 2013 that the Office of Federal Contract Compliance Programs cannot proceed with a disparate impact claim against a clothing manufacturer because "Non-Asians" is "neither a race nor an ethnic group" for purposes of Executive Order 11246.

United StatesGovernment, Public Sector
Matt Nusbaum
Matt Nusbaum
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A Department of Labor Administrative Law Judge ("ALJ") ruled on August 5, 2013 that the Office of Federal Contract Compliance Programs ("OFCCP") cannot proceed with a disparate impact claim against a clothing manufacturer because "Non-Asians" is "neither a race nor an ethnic group" for purposes of Executive Order 11246.

OFCCP issued a Notice of Violation in 2009 to VF Jeanswear Limited Partnership, an apparel manufacturer with a facility in Winston-Salem, North Carolina.  The Notice stated that in 2005 VF Jeanswear discriminated against "non-Asian" applicants in the hiring of Operative job group positions.  OFCCP filed an administrative complaint against VF Jeanswear in May 2011 and both parties moved for summary judgment.

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